If the victim of a domestic violence case, initially chose not to press charges and the state sent out a warrant for arrest of the suspect anyways a month later (with no prior notice of the warrant). If the victim chooses not to go against him in court (victim is not being brainwashed, blackmailed etc in any way, shape or from, but strongly believes that suspect was affected due to alcohol). What are the chances of the state winning and/or the case being dismissed? Suspect was charged with a third-degree felony, there are pictures on file, but victim bruises very easily due to possible anemia.
Alcohol is not an excuse for criminal behavior.
Having said that, unless there are other witnesses or evidence, the state will be hard pressed to prove their case without the victim's assistance.
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Even if the victim does not cooperate the state can still get his or her statement into evidence using the excited utterance hearsay exception. Under that rule, anything he or she said regarding the assault can be offered through the police officer it was told to.
The other lawyers are correct. But I also handle criminal cases and can say, without the victim the chances are slim they will ever bring the case to trial. What they threaten to do is subpoena the victim. That's to scare him into coming. A criminal lawyer there can tell you if those ever enforced. My guess no.
I practice criminal defense in Travis and Williamson Counties and I must say that case outcomes are very dependent on the county and the prosecutor. I recently represented a client in a similar situation and we prepared and submitted an "Affidavit of Non-Prosecution" to the prosecuting attorney. This document is signed and notarized by the alleged victim and indicates that they do not want to pursue charges against the defendant and that they want the case withdrawn, dismissed and terminated. This is a powerful tool in getting a case dismissed, but it is not always effective. In some instances the prosecutor will dismiss the case "in the interest of justice" after completion of anger management or something similar. In others, the prosecutor could subpoena the victim and force him/her to testify. In any event, alcohol is never an excuse for domestic violence.
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